S.I. No. 263/2000 - Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2000.


The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by sections 4 and 27 (as amended by section 24 of the Social Welfare Act, 1996 (No. 7 of 1996)) of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Consolidated Contributions and Insurability) (Amendment) (Credited Contributions) Regulations, 2000.

(2) These Regulations and the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 1999 shall be construed together as one and may be cited as the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 to 2000.

Credited contributions.

2. The Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 ( S.I. No. 312 of 1996 ) are hereby amended by the insertion after article 65 of the following article:

“Members of a local authority.

65A. (1) Subject to these Regulations, an employment contribution shall be credited to an insured person, who is a member of a local authority (within the meaning of the Local Government Act, 1941 (No. 23 of 1941), in respect of each contribution week during which the insured person serves as -

(a)   cathaoirleach of a local authority (within the meaning of section 25 of the Local Government Act, 1994 (No. 8 of 1994)), or

(b)   chairman of a health board (within the meaning of Rule 17 of the Second Schedule to the Health Act, 1970 (No. 1 of 1970)), or

(c)   chairman of a vocational education committee (within the meaning of section 15 of the Vocational Education Act, 1930 (No. 29 of 1930)).

(2) An employment contribution shall only be credited to an insured person in accordance with sub-article (1), where the insured person

(i)    was engaged in insurable employment immediately prior to taking up an office referred to in sub-article (1), and

(ii)    has given up that employment in order to serve in that office.

(3) An employment contribution shall only be credited to an insured person in accordance with the provisions of this article where an employment contribution, other than a contribution under article 88, is not payable in respect of him or her or an employment contribution is not already credited to him or her.

(4) An employment contribution credited by virtue of this article to a person whose last contribution paid was an employment contribution at any of the rates specified in article 81 (2) (a), 82 (2) (a) or 83 (2) (a), shall be taken into account only in relation to the benefits in respect of which any of the said paid contributions are reckonable.

(5) Employment contributions shall only be credited to an insured person under this article for such period or aggregate of periods as do not exceed 2 years.

(6) For the purposes of crediting contributions under this article, a person shall furnish to the Minister such evidence as the Minister may require.”.

GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs, this 31st day of July, 2000.

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DERMOT AHERN

Minister for Social, Community and Family Affairs.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the award of credited contributions for periods in respect of which a member of a local authority gives up insurable employment to temporarily serve as Cathaoirleach of a local authority (e.g. Lord Mayor) or as Chairman of a Health Board or Vocational Education Committee.